This paper develops a new kind of approach to conspiracy theories – a procedural approach. This approach promises to establish that belief in conspiracy theories is rationally criticisable in general. Unlike most philosophical approaches, a procedural approach does not purport to condemn conspiracy theorists directly on the basis of features of their theories. Instead, it focuses on the patterns of thought involved in forming and sustaining belief in such theories. Yet, unlike psychological approaches, a procedural approach provides (...) a rational critique of conspiracist thought patterns. In particular, it criticises these thought patterns for failing to conform to procedures prescribed by reason. The specific procedural approach that I develop takes its cue from the Kantian notion that reason must be used self-critically. I tentatively suggest that conspiracy theorists fail to engage in the relevant sort of self-critique in at least three ways: they do not critically examine their own motivations, they avoid looking at matters from the point of view of others, and they fail to reflect on the limits of human knowledge. (shrink)

In this paper I shall deal with the role of "understanding a thought" in the debate on the definition of the content of an assertion. I shall present a well known tension in Frege's writings, between a cognitive and semantic notion of sense. This tension is at the source of some of the major contemporary discussions, mainly because of the negative influence of Wittgenstein's Tractatus, which did not give in-depth consideration to the tension found in Frege. However many contemporary authors, (...) after the first attempt by Carnap himself, have tried to make room both for a cognitive and semantic aspect of meaning. I claim that at least some of these attempts (Dummett, Perry and Chalmers) are seriously flawed, mainly due to the difficulty in making a proper connection between the two different conceptions of sense. I shall outline an alternative project, which takes into consideration Frege's requirements on antipsychologism and of the objectivity of thought, while maintaining a close connection between the two aspects of sense. (shrink)

Epistemology has taken a zetetic turn from the study of belief towards the study of inquiry. Several decades ago, theories of bounded rationality took a procedural turn from attitudes towards the processes of inquiry that produce them. What is the relationship between the zetetic and procedural turns? In this paper, I argue that we should treat the zetetic turn in epistemology as part of a broader procedural turn in the study of bounded rationality. I use (...) this claim to motivate and clarify the zetetic turn in epistemology, as well as to reveal the need for a second zetetic turn within practical philosophy. (shrink)

The basic task of the essay is to exhibit science as a rational enterprise. I argue that in order to do this we need to change quite fundamentally our whole conception of science. Today it is rather generally taken for granted that a precondition for science to be rational is that in science we do not make substantial assumptions about the world, or about the phenomena we are investigating, which are held permanently immune from empirical appraisal. According to this standard (...) view, science is rational precisely because science does not make a priori metaphysical presuppositions about the world forever preserved from possible empirical refutation. It is of course accepted that an individual scientist, developing a new theory, may well be influenced by his own metaphysical presuppositions. In addition, it is acknowledged that a successful scientific theory, within the context of a particular research program, may be protected for a while from refutation, thus acquiring a kind of temporary metaphysical status, as long as the program continues to be empirically progressive. All such views unite, however, in maintaining that science cannot make permanent metaphysical presuppositions, held permanently immune from objective empirical evaluation. According to this standard view, the rationality of science arises, not from the way in which new theories are discovered, but rather from the way in which already formulated theories are appraised in the light of empirical considerations. And the fundamental problem of the rationality of science—the Humean problem of induction— concerns precisely the crucial issue of the rationality of accepting theories in the light of evidence. In this essay I argue that this widely accepted standard conception of science must be completely rejected if we are to see science as a rational enterprise. In order to assess the rationality of accepting a theory in the light of evidence it is essential to consider the ultimate aims of science. This is because adopting different aims for science will lead us, quite rationally, to accept different theories in the light of evidence. I argue that a basic aim of science is to explain. At the outset science simply presupposes, in a completely a priori fashion, that explanations can be found, that the world is ultimately intelligible or simple. In other words, science simply presupposes in an a priori way the metaphysical thesis that the world is intelligible, and then seeks to convert this presupposed metaphysical theory into a testable scientific theory. Scientific theories are only accepted insofar as they promise to help us realize this fundamental aim. At once a crucial problem arises. If scientific theories are only accepted insofar as they promise to lead us towards articulating a presupposed metaphysical theory, it is clearly essential that we can choose rationally, in an a priori way, between all the very different possible metaphysical theories that can be thought up, all the very different ways in which the universe might ultimately be intelligible. For holding different aims, accepting different metaphysical theories conceived of as blueprints for future scientific theories will, quite rationally, lead us to accept different scientific theories. Thus it is only if we can choose rationally between conflicting metaphysical blueprints for future scientific theories that we will be in a position to appraise rationally the acceptability of our present day scientific theories. We thus face the crucial problem: How can we choose rationally between conflicting possible aims for science, conflicting metaphysical blueprints for future scientific theories ? It is only if we can solve this fundamental problem concerning the aims of science that we can be in a position to appraise rationally the acceptability of existing scientific theories. There is a further point here. If we could choose rationally between rival aims, rival metaphysical blueprints for future scientific theories, then we would in effect have a rational method for the discovery of new scientific theories! Thus we reach the result: there is only a rational method for the appraisal of existing scientific theories if there is a rational method of discovery. I shall argue that the aim-oriented theory of scientific inquiry to be advocated here succeeds in exhibiting science as a rational enterprise in that it succeeds in providing a rational procedure for choosing between rival metaphysical blueprints: it thus provides a rational, if fallible, method of discovery, and a rational method for the appraisal of existing scientific theories—thus resolving the Humean problem. In Part I of the essay I argue that the orthodox conception of science fails to exhibit science as a rational enterprise because it fails to solve the Humean problem of induction. The presuppositional view advocated here does however succeed in resolving the Humean problem. In Part II of the essay I spell out the new aim-oriented theory of scientific method that becomes inevitable once we accept the basic presuppositional viewpoint. I argue that this new aim oriented conception of scientific method is essentially a rational method of scientific discovery, and that the theory has important implications for scientific practice. (shrink)

The discussion about deep disagreement has gained significant momentum in the last several years. This discussion often relies on the intuition that deep disagreement is, in some sense, rationally irresolvable. In this paper, I will provide a theory of rationally irresolvable disagreement. Such a theory is interesting in its own right, since it conflicts with the view that rational attitudes and procedures are paradigmatic tools for resolving disagreement. Moreover, I will suggest replacing discussions about deep disagreement with an analysis of (...) rationally irresolvable disagreement, since this notion can be more clearly defined than deep disagreement and captures the basic intuitions underlying deep disagreement. I will first motivate this project by critically assessing the current debate about deep disagreement. I then detail the notions of rationality and resolvable disagreement which are crucial for a suitable theory of rationally irresolvable disagreement before sketching various instances of rationally irresolvable disagreement. Finally, I argue for replacing theories of deep disagreement with theories of rationally irresolvable disagreement, an approach that has significant advantages over existing theories of deep disagreement which focus on hinge propositions or fundamental epistemic principles. (shrink)

My aim in this paper is to develop a unified solution to two paradoxes of bounded rationality. The first is the regress problem that incorporating cognitive bounds into models of rational decisionmaking generates a regress of higher-order decision problems. The second is the problem of rational irrationality: it sometimes seems rational for bounded agents to act irrationally on the basis of rational deliberation. I review two strategies which have been brought to bear on these problems: the way of weakening (...) which responds by weakening rational norms, and the way of indirection which responds by letting the rationality of behavior be determined by the rationality of the deliberative processes which produced it. Then I propose and defend a third way to confront the paradoxes: the way of level separation. (shrink)

In this paper I present an argument in favour of a parental duty to use preimplantation genetic diagnosis (PGD). I argue that if embryos created in vitro were able to decide for themselves in a rational manner, they would sometimes choose PGD as a method of selection. Couples, therefore, should respect their hypothetical choices on a principle similar to that of patient autonomy. My thesis shows that no matter which moral doctrine couples subscribe to, they ought to conduct the PGD (...) procedure in the situations when it is impossible to implant all of the created embryos and if there is a significant risk for giving birth to a child with a serious condition. (shrink)

In this paper, I introduce the emerging theory of judgment aggregation as a framework for studying institutional design in social epistemology. When a group or collective organization is given an epistemic task, its performance may depend on its ‘aggregation procedure’, i.e. its mechanism for aggregating the group members’ individual beliefs or judgments into corresponding collective beliefs or judgments endorsed by the group as a whole. I argue that a group’s aggregation procedure plays an important role in determining whether the group (...) can meet two challenges: the ‘rationality challenge’ and the ‘knowledge challenge’. The rationality challenge arises when a group is required to endorse consistent beliefs or judgments; the knowledge challenge arises when the group’s beliefs or judgments are required to track certain truths. My discussion seeks to identify those properties of an aggregation procedure that affect a group’s success at meeting each of the two challenges. (shrink)

Lakatos's methodology, if analysed as belonging to the demarcationist-rationalist program launched by Popper gives some interesting conclusions concerning the feasibility of the project: (1) Rationalism cannot provide arguments against relativism. (2) A theory of scientific rationality cannot be defended without relying on scientific authorities. (3) A historical justification of scientific rationality does not show that the procedures that are rational according to the theory are truth-conducive.

One of the central tasks of a theory of argumentation is to supply a theory of appraisal: a set of standards and norms according to which argumentation, and the reasoning involved in it, is properly evaluated. In their most general form, these can be understood as rational norms, where the core idea of rationality is that we rightly respond to reasons by according the credence we attach to our doxastic and conversational commitments with the probative strength of the reasons (...) we have for them. Certain kinds of rational failings are so because they are manifestly illogical – for example, maintaining overtly contradictory commitments, violating deductive closure by refusing to accept the logical consequences of one’s present commitments, or failing to track basing relations by not updating one’s commitments in view of new, defeating information. Yet, according to the internal and empirical critiques, logic and probability theory fail to supply a fit set of norms for human reasoning and argument. Particularly, theories of bounded rationality have put pressure on argumentation theory to lower the normative standards of rationality for reasoners and arguers on the grounds that we are bounded, finite, and fallible agents incapable of meeting idealized standards. This paper explores the idea that argumentation, as a set of practices, together with the procedures and technologies of argumentation theory, is able to extend cognition such that we are better able to meet these idealized logical standards, thereby extending our responsibilities to adhere to idealized rational norms. (shrink)

The impossibility results in judgement aggregation show a clash between fair aggregation procedures and rational collective outcomes. In this paper, we are interested in analysing the notion of rational outcome by proposing a proof-theoretical understanding of collective rationality. In particular, we use the analysis of proofs and inferences provided by linear logic in order to define a fine-grained notion of group reasoning that allows for studying collective rationality with respect to a number of logics. We analyse the well-known (...) paradoxes in judgement aggregation and we pinpoint the reasoning steps that trigger the inconsistencies. Moreover, we extend the map of possibility and impossibility results in judgement aggregation by discussing the case of substructural logics. In particular, we show that there exist fragments of linear logic for which general possibility results can be obtained. (shrink)

The underrepresentation of women, people of color, and especially women of color—and the corresponding overrepresentation of white men—is more pronounced in philosophy than in many of the sciences. I suggest that part of the explanation for this lies in the role played by the idealized rational self, a concept that is relatively influential in philosophy but rarely employed in the sciences. The idealized rational self models the mind as consistent, unified, rationally transcendent, and introspectively transparent. I hypothesize that acceptance of (...) the idealized rational self leads philosophers to underestimate the influence of implicit bias on their own judgments and prevents them from enacting the reforms necessary to minimize the effects of implicit bias on institutional decision-making procedures. I consider recent experiments in social psychology that suggest that an increased sense of one’s own objectivity leads to greater reliance on bias in hiring scenarios, and I hypothesize how these results might be applied to philosophers’ evaluative judgments. I discuss ways that the idealized rational self is susceptible to broader critiques of ideal theory, and I consider some of the ways that the picture functions as a tool of active ignorance and color-evasive racism. (shrink)

Decision theory has had a long-standing history in the behavioural and social sciences as a tool for constructing good approximations of human behaviour. Yet as artificially intelligent systems (AIs) grow in intellectual capacity and eventually outpace humans, decision theory becomes evermore important as a model of AI behaviour. What sort of decision procedure might an AI employ? In this work, I propose that policy-based causal decision theory (PCDT), which places a primacy on the decision-relevance of predictors and simulations of agent (...) behaviour, may be such a procedure. I compare this account to the recently-developed functional decision theory (FDT), which is motivated by similar concerns. I also address potentially counterintuitive features of PCDT, such as its refusal to condition on observations made at certain times. (shrink)

Hilary Greaves and David Wallace argue that conditionalization maximizes expected accuracy and so is a rational requirement, but their argument presupposes a particular picture of the bridge between rationality and accuracy: the Best-Plan-to-Follow picture. And theorists such as Miriam Schoenfield and Robert Steel argue that it's possible to motivate an alternative picture—the Best-Plan-to-Make picture—that does not vindicate conditionalization. I show that these theorists are mistaken: it turns out that, if an update procedure maximizes expected accuracy on the Best-Plan-to-Follow picture, (...) it's guaranteed to maximize expected accuracy on the Best-Plan-to-Make picture as well, in which case moving from the former to the latter can't help us avoid the conclusion that conditionalization is a rational requirement. If there's a problem with Greaves and Wallace’s argument, it must lie elsewhere. (shrink)

I argue that bounded agents face a systematic accuracy-coherence tradeoff in cognition. Agents must choose whether to structure their cognition in ways likely to promote coherence or accuracy. I illustrate the accuracy-coherence tradeoff by showing how it arises out of at least two component tradeoffs: a coherence-complexity tradeoff between coherence and cognitive complexity, and a coherence-variety tradeoff between coherence and strategic variety. These tradeoffs give rise to an accuracy-coherence tradeoff because privileging coherence over complexity or strategic variety often leads to (...) a corresponding reduction in accuracy. I conclude with a discussion of two normative consequences for the study of bounded rationality: the importance of procedural rationality and the role of coherence in theories of bounded rationality. (shrink)

Normative moral theories are frequently invoked to serve one of two distinct purposes: (1) explicate a criterion of rightness, or (2) provide an ethical decision-making procedure. Although a criterion of rightness provides a valuable theoretical ideal, proposed criteria rarely can be (nor are they intended to be) directly translated into a feasible decision-making procedure. This paper applies the computational framework of bounded rationality to moral decision-making to ask: how ought a bounded human agent make ethical decisions? We suggest agents (...) ought to follow moral maxims: principles that approximate rightness in many situations, but that can be overridden in specific, precisely describable circumstances. While this intuitive idea has been proposed many times before, we provide a precise model of how maxim consequentialism functions as an approximation to an act-consequentialist criterion of rightness, while maintaining the flexibility and defeasibility that has eluded most forms of rule consequentialism. Furthermore, while our overarching aim is to propose a new normative standard of moral decision-making, we demonstrate how maxim consequentialism can also function as a descriptive account of human behavior. We conclude by noting that different criteria of rightness may lead to different maxim-based ethics. (shrink)

The practice of social studies continues to be a complicated scientific endeavor. From an epistemological point of view, the social sciences, unlike the natural sciences, do not conform to the predominant definition of science. The existing differences among expositions of “science,” “inquiry,” and “studies” lie with the contested role of the intellectual who is embarked on understanding the social realm. The “maturity” of the social sciences is usually discussed in the context of objectivity and rationality. But continuing epistemological debates (...) would be insufficient without reference to the scholar as a human studying humans. The philosophy of science has focused mainly on the procedures of knowledge accumulation, neglecting social context and its implications for inquiry. To address this neglect, this essay sets out first to retrace doubts about the role of the scholar that emerged with the institutionalization of the social sciences at the outset of the twentieth century and then to rethink these issues in terms of recent scientific developments. What surfaces is a new, participatory role for scholars that demands responsible contextualization and a broader conception of causal stories. (shrink)

Can we design a perfect democratic decision procedure? Condorcet famously observed that majority rule, our paradigmatic democratic procedure, has some desirable properties, but sometimes produces inconsistent outcomes. Revisiting Condorcet’s insights in light of recent work on the aggregation of judgments, I show that there is a conflict between three initially plausible requirements of democracy: “robustness to pluralism”, “basic majoritarianism”, and “collective rationality”. For all but the simplest collective decision problems, no decision procedure meets these three requirements at once; at (...) most two can be met together. This “democratic trilemma” raises the question of which requirement to give up. Since different answers correspond to different views about what matters most in a democracy, the trilemma suggests a map of the “logical space” in which different conceptions of democracy are located. It also sharpens our thinking about other impossibility problems of social choice and how to avoid them, by capturing a core structure many of these problems have in common. More broadly, it raises the idea of “cartography of logical space” in relation to contested political concepts. (shrink)

A framing effect occurs when an agent's choices are not invariant under changes in the way a decision problem is presented, e.g. changes in the way options are described (violation of description invariance) or preferences are elicited (violation of procedure invariance). Here we identify those rationality violations that underlie framing effects. We attribute to the agent a sequential decision process in which a “target” proposition and several “background” propositions are considered. We suggest that the agent exhibits a framing effect (...) if and only if two conditions are met. First, different presentations of the decision problem lead the agent to consider the propositions in a different order (the empirical condition). Second, different such “decision paths” lead to different decisions on the target proposition (the logical condition). The second condition holds when the agent's initial dispositions on the propositions are “implicitly inconsistent,” which may be caused by violations of “deductive closure.” Our account is consistent with some observations made by psychologists and provides a unified framework for explaining violations of description and procedure invariance. (shrink)

The distinction between the regulative (‘practical’, ‘subjective’, ‘decision-procedural’) and the theoretical (‘objective’, ‘absolute’) pertains to the aims (the desiderata) of an account of justification. This distinction began in ethics and spread to epistemology. Each of internalism, externalism, is separately forced to draw this distinction to avoid a stock, otherwise fatal, argument levelled against them by the other. Given this situation however, we may finesse much partisan conflict in epistemology by simply seeing differing accounts of justification as answering to radically (...) distinct desiderata of adequacy. We should see knowledge as answering to the theoretical desideratum of adequacy alone; and rationality as answering to the regulative desideratum of adequacy alone. Objections to this ‘Gordian’ [knot] approach to epistemology (from virtues theorists and others) are rejected. Such an approach may make for accounts that violate our ordinary language intuitions; but in developing an epistemological axiology, any such intuitions are not to the point. (shrink)

During the last few decades, the historical turn within the tradition of the analytic tradition has experienced growing enthusiasm concerning the procedure of rational reconstruction, whose validity or importance, despite its paradigmatic examples in Frege and Russell, has not always enjoyed a consensus. Among the analytic philosophers who are the frontrunners of this movement, Robert Brandom is one of a kind: his work on Hegel as well as on German Idealism has been increasing interest in, as well as awareness of, (...) Hegel´s possible contributions to some current problems in that tradition, and connecting Hegel scholars to current questions. Thus, this work aims to explore Brandom´s methodology of rational reconstruction, as well as his dialogue with history of Philosophy, mainly exposed in his Tales of the mighty dead (2002). As we will see, Brandom´s distinction between a de dicto and a de re approach intends to present a way of identifying and analyzing a given philosopher´s theoretical (hidden) commitments that can be useful to improve the quality of the dialogue with past philosophers. From such methodological exposition, I to turn to Kierkegaard in order to make explicit some of his ontological commitments and presenting Brandom’s approach as a valuable tool for doing history of philosophy. (shrink)

John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret the constructivism of these (...) lectures. In this paper, I argue that the constructivism presented in the Dewey Lectures is best understood as involving the view that moral truth is correspondence with procedurally-determined, stance-dependent facts. Employing Rawls’s discussion of rational intuitionism as a foil, I defend this reading against textual discrepancies from within the lectures, as well as those one finds across Rawls’s other works. In addition to settling interpretive disputes, I draw out the ways in which this understanding of Kantian constructivism fits within the broader comparative project in ‘moral theory’ that Rawls inherits from Sidgwick. (shrink)

Resumo A problemática sobre a “verdade” não tem obtido a devida atenção no meio jurídico. As considerações a respeito do que seja “verdade”, por certo, têm nítido viés filosófico, existindo distintas concepções acerca da “verdade”, embora muitas não são capazes de servir ao direito processual civil. Habermas concebe a “verdade” sobre um fato como um conceito dialético, construída a partir das argumentações desenvolvidas pelos sujeitos cognoscentes, ou seja, buscada na cooperação direcionada para o entendimento mútuo racional. Identificam-se pontos de contato (...) existentes entre a teoria habermasiana e os enunciados até agora elaborados no projeto do novo Código de Processo Civil brasileiro. A “verdade” no moderno processo civil deve ser buscada em um procedimento baseado na probabilidade das provas e das teses apresentadas, na intensa argumentação dialética e em colaboração entre os sujeitos processuais, e no respeito às normas e aos princípios válidos para o caso em julgamento. Palavras-chave : argumentação, cooperação, Habermas, novo Código de Processo Civil brasileiro, procedimento, verdadeThe problem about “truth” has not gained enough attention in the legal field. All the considerations about “truth” have a clearly philosophical points of view, and distinct conceptions concerning it, although many are not capable of serving in the civil procedure. Jürgen Habermas conceives the “truth” as a dialectical concept, constructed from the arguments developed by cognizant agents, i.e., those seeking cooperation aimed at rational mutual understanding. The article identifies points of contact between habermasian theory and legal rules developed up to now in the project of the new Brazilian Civil Code of Procedure. The “truth” in the modern civil process must be sought in a procedure based on the probability of the evidence and theses in intense dialectical argumentation and collaboration between all parties involved with the respect for the rules and principles considered valid for the case at hand. Keywords : argumentation, cooperation, Habermas, new Brazilian Civil Procedure Code, procedure, truth. (shrink)

Greaves and Wallace argue that conditionalization maximizes expected accuracy. In this paper I show that their result only applies to a restricted range of cases. I then show that the update procedure that maximizes expected accuracy in general is one in which, upon learning P, we conditionalize, not on P, but on the proposition that we learned P. After proving this result, I provide further generalizations and show that much of the accuracy-first epistemology program is committed to KK-like iteration principles (...) and to the existence of a class of propositions that rational agents will be certain of if and only if they are true. (shrink)

The aim of this paper is to apply the accuracy based approach to epistemology to the case of higher order evidence: evidence that bears on the rationality of one's beliefs. I proceed in two stages. First, I show that the accuracy based framework that is standardly used to motivate rational requirements supports steadfastness—a position according to which higher order evidence should have no impact on one's doxastic attitudes towards first order propositions. The argument for this will require a generalization (...) of an important result by Greaves and Wallace for the claim that conditionalization maximizes expected accuracy. The generalization I provide will, among other things, allow us to apply the result to cases of self-locating evidence. In the second stage, I develop an alternative framework. Very roughly, what distinguishes the traditional approach from the alternative one is that, on the traditional picture, we're interested in evaluating the expected accuracy of conforming to an update procedure. On the alternative picture that I develop, instead of considering how good an update procedure is as a plan to conform to, we consider how good it is as a plan to make. I show how, given the use of strictly proper scoring rules, the alternative picture vindicates calibrationism: a view according to which higher order evidence should have a significant impact on our beliefs. I conclude with some thoughts about why higher order evidence poses a serious challenge for standard ways of thinking about rationality. (shrink)

A longstanding issue in attempts to understand the Everett (Many-Worlds) approach to quantum mechanics is the origin of the Born rule: why is the probability given by the square of the amplitude? Following Vaidman, we note that observers are in a position of self-locating uncertainty during the period between the branches of the wave function splitting via decoherence and the observer registering the outcome of the measurement. In this period it is tempting to regard each branch as equiprobable, but we (...) argue that the temptation should be resisted. Applying lessons from this analysis, we demonstrate (using methods similar to those of Zurek's envariance-based derivation) that the Born rule is the uniquely rational way of apportioning credence in Everettian quantum mechanics. In doing so, we rely on a single key principle: changes purely to the environment do not affect the probabilities one ought to assign to measurement outcomes in a local subsystem. We arrive at a method for assigning probabilities in cases that involve both classical and quantum self-locating uncertainty. This method provides unique answers to quantum Sleeping Beauty problems, as well as a well-defined procedure for calculating probabilities in quantum cosmological multiverses with multiple similar observers. (shrink)

In this article, we address a major outstanding question of probabilistic Bayesian epistemology: how should a rational Bayesian agent update their beliefs upon learning an indicative conditional? A number of authors have recently contended that this question is fundamentally underdetermined by Bayesian norms, and hence that there is no single update procedure that rational agents are obliged to follow upon learning an indicative conditional. Here we resist this trend and argue that a core set of widely accepted Bayesian norms is (...) sufficient to identify a normatively privileged updating procedure for this kind of learning. Along the way, we justify a privileged formalization of the notion of ‘epistemic conservativity’, offer a new analysis of the Judy Benjamin problem, and emphasize the distinction between interpreting the content of new evidence and updating one’s beliefs on the basis of that content. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of epistemic democracy, (...) however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...) of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (shrink)

Mental (or semantic) holism is the doctrine that the identity of a belief content (or the meaning of a sentence that expresses it) is determined by its place in the web of beliefs or sentences comprising a whole theory or group of theories. It can be contrasted with two other views: atomism and molecularism. Molecularism characterizes meaning and content in terms of relatively small parts of the web in a way that allows many different theories to share those parts. For (...) example, the meaning of 'chase' might be said by a molecularist to be try to catch. Atomism characterizes meaning and content in terms of none of the web; it says that sentences and beliefs have meaning or content independently of their relations to other sentences or beliefs. One major motivation for holism has come from reflections on the natures of confirmation and learning. As Quine (1953) observed, claims about the world are confirmed not individually, but only in conjunction with theories of which they are a part. And typically, one cannot come to understand scientific claims without understanding a significant chunk of the theory of which they are a part. For example, in learning the Newtonian concepts of 'force', 'mass', kinetic energy' and 'momentum', one doesn't learn any definitions of these terms in terms that are understood beforehand, for there are no such definitions. Rather, these theoretical terms were all learned together in conjunction with procedures for solving problems. The major problem with holism is that it threatens to make generalization in psychology virtually impossible. If the content of any state depends on all others, it would be extremely unlikely that any two believers would ever share a state with the same content. Moreover, holism would appear to conflict with our ordinary conception of reasoning. What sentences one accepts influence what one infers. if i accept a sentence and then later reject it, i thereby change the inferential role of that sentence, so the meaning of what i accept wouldn't be the same as what i later reject. but then it would be difficult to understand on this view how one could rationally --or even irrationally!-- change one's mind. and agreement and translation are also problematic for much the same reason. holists have responded (1) by proposing that we should think not in terms of "same/different" meaning but in terms of a gradient of similarity of meaning, (2) by proposing "two factor" theories or (3) by simply accepting the consequence that there is no real difference between changing meanings and changing beliefs. (shrink)

Weisberg ([2009]) provides an argument that neither conditionalization nor Jeffrey conditionalization is capable of accommodating the holist’s claim that beliefs acquired directly from experience can suffer undercutting defeat. I diagnose this failure as stemming from the fact that neither conditionalization nor Jeffrey conditionalization give any advice about how to rationally respond to theory-dependent evidence, and I propose a novel updating procedure that does tell us how to respond to evidence like this. This holistic updating rule yields conditionalization as a special (...) case in which our evidence is entirely theory independent. 1 Introduction2 Conditionalization3 Holism and Conditionalization4 A Holistic Update5 HCondi and Dutch Books6 Commutativity and Learning about Background Theories6.1 Commutativity6.2 Learning about background theories7 In Summation. (shrink)

If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” Two (...) procedures in particular can deliver legitimate bioethical decisions, once combined: expert bioethics committees and deliberative democracy. Bioethics so understood can exceed bioethics as a moral project or as a set of administrative principles to regulate medical practice; it can now aspire to a democratic project that involves ordinary citizens as far as reasonably possible. I advance this argument in four steps: (1) using the example of human germline gene editing, (2) I propose a general understanding of proceduralism, and (3) then combine two types and (4) conclude with a defense of majoritarian proceduralism. I develop this argument in terms of one example: germline gene editing. (shrink)

Humans have long wondered whether they can survive the death of their physical bodies. Some people now look to technology as a means by which this might occur, using terms such 'whole brain emulation', 'mind uploading', and 'substrate independent minds' to describe a set of hypothetical procedures for transferring or emulating the functioning of a human mind on a synthetic substrate. There has been much debate about the philosophical implications of such procedures for personal survival. Most participants to that debate (...) assume that the continuation of identity is an objective fact that can be revealed by scientific enquiry or rational debate. We bring into this debate a perspective that has so far been neglected: that personal identities are in large part social constructs. Consequently, to enable a particular identity to survive the transference process, it is not sufficient to settle age-old philosophical questions about the nature of identity. It is also necessary to maintain certain networks of interaction between the synthetic person and its social environment, and sustain a collective belief in the persistence of identity. We defend this position by using the example of the Dalai Lama in Tibetan Buddhist tradition and identify technological procedures that could increase the credibility of personal continuity between biological and artificial substrates. (shrink)

Axiom weakening is a novel technique that allows for fine-grained repair of inconsistent ontologies. In a multi-agent setting, integrating ontologies corresponding to multiple agents may lead to inconsistencies. Such inconsistencies can be resolved after the integrated ontology has been built, or their generation can be prevented during ontology generation. We implement and compare these two approaches. First, we study how to repair an inconsistent ontology resulting from a voting-based aggregation of views of heterogeneous agents. Second, we prevent the generation of (...) inconsistencies by letting the agents engage in a turn-based rational protocol about the axioms to be added to the integrated ontology. We instantiate the two approaches using real-world ontologies and compare them by measuring the levels of satisfaction of the agents w.r.t. the ontology obtained by the two procedures. (shrink)

Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...) symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures. (shrink)

As the ongoing literature on the paradoxes of the Lottery and the Preface reminds us, the nature of the relation between probability and rational acceptability remains far from settled. This article provides a novel perspective on the matter by exploiting a recently noted structural parallel with the problem of judgment aggregation. After offering a number of general desiderata on the relation between finite probability models and sets of accepted sentences in a Boolean sentential language, it is noted that a number (...) of these constraints will be satisfied if and only if acceptable sentences are true under all valuations in a distinguished non-empty set W. Drawing inspiration from distance-based aggregation procedures, various scoring rule based membership conditions for W are discussed and a possible point of contact with ranking theory is considered. The paper closes with various suggestions for further research. (shrink)

Passion is a hidden issue behind or at the heart of, contemporary theoretical debates about nationalism, identity politics and religious fundamentalism. It is not that reason and passion cannot be conceptually distinguished. They are, however, always entangled in practice - and this entanglement itself requires a conceptual account. So it is my ambition to blur the line between reason and passion: to rationalize (some of) the passions and to impassion reason. Passionate intensity has a legitimate place in the social world. (...) This extension of rational legitimacy to the political passions seems to me a useful revision of liberal theory which has been too pre-occupied in recent years with the construction of dispassionate deliberative procedures. It opens the way for better accounts of social connection and conflict and for more explicit and self-conscious answers to the unavoidable political questions: which side are you on? Key Words: conviction • interest • liberalism • passion • politics • Yeats. (shrink)

This paper is concerned with a recent, clever, and novel argument for the need for genuine collectives in our ontology of agents to accommodate the kinds of normative judgments we make about them. The argument appears in a new paper by David Copp, "On the Agency of Certain Collective Entities: An Argument from 'Normative Autonomy'" (Midwest Studies in Philosophy: Shared Intentions and Collective Responsibility, XXX, 2006, pp. 194-221; henceforth ‘ACE’), and is developed in Copp’s paper for this special journal issue, (...) “The Collective Moral Autonomy Thesis” (henceforth ‘CAT’). The argument goes as follows. -/- (1) We correctly assign blame (or obligations) to collectives in circumstances in which it would be a mistake to assign any (relevantly related) blame (or obligations) to their members. (2) If (1), then collectives are genuine agents over and above their members. (3) Therefore, collectives are genuine agents over and above their members. -/- Following Copp, I call (1) the Collective Moral Autonomy Thesis (CMA). Copp argues for CMA primarily by appeal to cases, but also offers two general arguments for it. In the cases that Copp describes, we are to judge that a collective act is blameworthy, though each member of the group that acts is blameless because he is merely following procedures appropriate for his participation, or because there are excusing factors, or because of overriding personal duties. -/- I argue that the case for CMA has not been made. In particular, I argue that, in each case in which we feel inclined to hold a group responsible for something but not its members, it is because -/- 1. we have accepted a false dilemma, that when no one agent is fully responsible for the action of a group of which he is a member, the only entity that could be responsible is the group as such, or 2. we have directed our attention to the wrong individual or individuals, or 3. we have become confused about the commitments of the individuals, or 4. we have mistaken ameliorating for excusing factors, or 5. we have mistaken moral blameworthiness and all-in rational blameworthiness, or 6. a combination of these things. (shrink)

The article proceeds upon the assumption that the beliefs and degrees of belief of rational agents satisfy a number of constraints, including: consistency and deductive closure for belief sets, conformity to the axioms of probability for degrees of belief, and the Lockean Thesis concerning the relationship between belief and degree of belief. Assuming that the beliefs and degrees of belief of both individuals and collectives satisfy the preceding three constraints, I discuss what further constraints may be imposed on the aggregation (...) of beliefs and degrees of belief. Some possibility and impossibility results are presented. The possibility results suggest that the three proposed rationality constraints are compatible with reasonable aggregation procedures for belief and degree of belief. (shrink)

Background and Objectives: In this research article, the researcher addresses the issue of creating public understanding in a democratic society about the progress of science, with an emphasis on pluralism from philosophers of science. The idea that there is only one truth and that there are just natural laws awaiting discovery by scientists has historically made it difficult to explain scientific progress. This belief motivates science to develop theories that explain the unity of science, and it is thought that diversity (...) in the way different ideas presented by scientists is a problem that results in time being wasted in search of the most accurate theory. Some scientists perceive a benefit in having a range of scientific hypotheses, though. One benefit that is frequently cited is that scientific diversity as a whole contributes to the development of a democratic society that permits the expression of a range of viewpoints. The road to accountable scientific pluralism is fraught with difficulties, though. Therefore, it is crucial to take into account both pluralism's advantages and disadvantages. This research aims at: 1. analyzing in an epistemological way the interpretation of scientific theories and the progress of science from the perspectives of scientific pluralists; 2. analyzing the relationship between science and democracy in explaining scientific significance and progress; and 3. synthesizing new knowledge on epistemic dependentism and to argue that it plays a significant role in evaluating research issues related to scientific pluralism. Methodology: The research methodology involves the application of documentary investigation along with philosophical discourse. The method of philosophical argumentation involves analyzing the lines of arguments found in relevant academic publications in order to assess their validity and soundness. Main Results: One key argument of the pluralists is the use of the concept of theoretical pluralism, which suggests that scientific knowledge is created from a variety of perspectives according to the social and cultural context of knowledge creation. It is found that part of Longino's argument is based on the negation of rational/social dichotomy. Moreover, her theory is a departure from philosopher of science Philip Kitcher, who advocates the creation of scientific knowledge and the evaluation of scientific progress through the means of democratic society. He explains that these procedures will lead to "well-ordered science" in democratic society. Discussions: The researcher examines the underlying ideas accepted by these two philosophers of science and finds that although their opinions differ, they have common ground in the acceptance of consensus. However, the views of both philosophers still lack weight in explaining the knowledge itself. The researcher argues that the acceptance of pluralism as a way of understanding scientific progress necessarily lends itself to dependentism, which points to interdependence in comparisons of superiority/inferiority between scientific theories. It is undeniable that the situation has emerged all the time, even though the success of the scientific theories being compared to each other comes from different social and cultural grounds of thought. Conclusions: Some popular models of scientific pluralism in the philosophy of science still lack a compelling justification, particularly on the epistemic grounds. By elucidating the epistemic significance of the interdependence of these things, scientific pluralism can be strengthened by incorporating the notion of epistemic dependentism into the analysis of scientific progress. (shrink)

When you are indifferent between two options, it’s rationally permissible to take either. One way to decide between two such options is to flip a fair coin, taking one option if it lands heads and the other if it lands tails. Is it rationally permissible to employ such a tie-breaking procedure? Intuitively, yes. However, if you are genuinely risk-averse—in particular, if you adhere to risk-weighted expected utility theory (Buchak in Risk and rationality, Oxford University Press, 2013) and have a (...) strictly convex risk-function—the answer will often be no: the REU of deciding by coin-flip will be lower than the REU of choosing one of the options outright (so long as at least one of the options is a nondegenerate gamble). This turns out to be a significant worry for risk-weighted expected utility theory. I argue that it adds real bite to established worries about diachronic consistency afflicting views, like risk-weighted expected utility theory, that violate Independence. And that, while these worries might be surmountable, surmounting them comes at a price. (shrink)

I develop an argument that believing in the survivability of a mind uploading procedure conveys value to its believers that is assessable independently of assessing the truth of the belief. Regardless of whether the first-order metaphysical belief is true, believing it conveys a kind of Darwinian fitness to the believer. Of course, a further question remains of whether having that Darwinian property can be a basis—in a rational sense of being a basis—for one’s holding the belief. I’ll also make some (...) remarks in the present article toward answering that latter question. (shrink)

This chapter focuses on the psychological mechanisms behind the construction of preference, especially the actual processes used by humans when they make decisions in their everyday lives or in business situations. The chapter uses cognitive psychological techniques to break down these processes and set them in their social context. When attributes are compatible with the response scale, they are assigned greater weight because they are most easily mapped onto the response. For instance, when subjects are asked to set a price (...) for a gamble this task is compatible with the information about the gamble payoff, which is also expressed in monetary values (e.g., dollars). Conversely, when the task requires a choice the payoff information is not easily mapped onto the response anymore and loses some of its salience. In fact, Slovic, Griffin, and Tversky (1990) could show that using non-monetary outcomes attenuates preference reversals when no compatibility between the pricing task and the outcome attribute was possible. An assumption of the compatibility effect is that response modes compatible with specific characteristics of the options (e.g., payoffs) draw attention to them. One of the main themes that has emerged from behavioral decision research during the past decades is the view that people's preferences are often constructed—not merely revealed—in the process of elicitation (see e.g. Slovic). This conception is derived in part from studies demonstrating that normatively equivalent methods of elicitation often give rise to systematically different responses. These "preference reversals" violate the principle of procedure invariance fundamental to theories of rational choice and raise difficult questions about the nature of human values. If different elicitation procedures produce different orderings of options, how can preferences be defined and in what sense do they exist? Describing and explaining such failures of invariance will require choice models of far greater complexity than the traditional models -/- . (shrink)

John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of a (...) Decision Procedure for Ethics,” with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for (...) the institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

There is an important sense in which one can be sure without being certain, i.e., without assigning unit probability. I will offer an explication of this sense of sureness, connecting it with the level of credence that a rational agent would need to have to be confident that she won’t ever lose her confidence. A simple formal result then gives us an explicit formula connecting the threshold α for credence needed for confidence with the threshold needed for being sure: one (...) needs 1−(1−α) to be sure. I then suggest that stepping between α and 1−(1−α) gives a procedure that generates an interesting hierarchy of credential thresholds. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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In this chapter I will concentrate on compromise in ethical conflict and disagreement. I will discuss compromises related to disagreement with respect to public decisions between options that represent conflicting incommensurable human values. The central question will be whether in those cases a principled compromise is possible. A ‘principled compromise’ can be defined as a rational way to achieve a trade-off or balance between conflicting values, for instance, by rational assignment of relative weights. I will argue that in some cases (...) incommensurability will prevent a principled compromise in the defined sense. I will show why phrases used by some philosophers, such as ‘making a rational trade-off’, ‘striking the right balance’, ‘finding the Aristotelian Mean’ or ‘splitting the difference’, are based on misunderstandings about the characteristics of incommensurable values that are usually at stake in the pursuit of a compromise. I will show that incommensurable values lack an equivalence relation and how this prevents a determinate trade-off or balance between them. This is especially important with respect to the pursuit of compromises in ethical conflicts, including conflicts of justice, where we need a rational and ethical justification for the final decision. I will argue that the model of deliberative democracy presents a promising procedure for making the final decision legitimate but that, in the relevant cases, it cannot avoid an ethical deficit. (shrink)

Local opposition to infrastructure projects implementing renewable energy (RE) such as wind farms is often strong even if state-wide support for RE is strikingly high. The slogan “Not In My BackYard” (NIMBY) has become synonymous for this kind of protest. This paper revisits the question of what is wrong with NIMBYs about RE projects and how to best address them. I will argue that local opponents to wind farm (and other RE) developments do not necessarily fail to contribute their fair (...) share to producing a desirable public good (clean energy). In fact, with landscape concerns being at the heart of much protest, the question of fair burden distribution becomes sidelined: landscape impacts cannot be distributed nor compensated for. Protests may be attempts to express a true conflict of (incommensurable) values. Understanding them as such will help us better address NIMBY concerns and overcome such opposition through ensuring procedural justice. (shrink)